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Articles 31 - 60 of 65
Full-Text Articles in Law
From Lily Bart To The Boom Boom Room: How Wall Street’S Social And Cultural Response To Women Has Shaped Securities Regulation, Christine Sgarlata Chung
From Lily Bart To The Boom Boom Room: How Wall Street’S Social And Cultural Response To Women Has Shaped Securities Regulation, Christine Sgarlata Chung
Christine Sgarlata Chung
In Edith Wharton’s 1905 novel House of Mirth, Lily Bart learns in one brutal moment what happens to women who get tangled up with the stock market. Though she is beautiful and well-born, Lily is vulnerable when she seeks salvation in the stock market – she has no family to support her, no fortune of her own, no training in business matters, and no socially acceptable means of acquiring money, save marriage. When the husband of a friend (Gus Treanor) offers to help Lily by speculating in the stock market, Lily agrees. And when Treanor begins presenting Lily with money, …
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
Phoebe A. Haddon
No abstract provided.
An Act Of Resistence: Reconceptualizing Andrea Yates' Killing Of Her Children, Shelby A.D. Moore
An Act Of Resistence: Reconceptualizing Andrea Yates' Killing Of Her Children, Shelby A.D. Moore
Shelby A.D. Moore
Abstract The definition of domestic violence is broad and includes physical as well as psychological and sexual abuse. The legal system, however, gives considerably less attention to these latter forms of abuse. One reason for the relative neglect of these types of domestic abuse is the assumption that physical abuse causes more harm than do psychological and sexual abuse. In reality these forms of abuse may have a far greater impact on their victims. Apart from physical abuse, greater attention must be given to those who suffer on-going psychological and sexual abuse at the hand of a spouse or intimate …
Piercing The Veil: Using Microfinance Initiatives To Promote Female Entrepreneurship In Muslim Countries, Patrick F. Madden
Piercing The Veil: Using Microfinance Initiatives To Promote Female Entrepreneurship In Muslim Countries, Patrick F. Madden
Patrick F. Madden
This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary banking laws. By promoting female entrepreneurship, microfinance initiatives are, perhaps, the most effective means of achieving the Millennium Development goal of gender equality without upsetting the Islamic governments or the prospective borrowers.
Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana
Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana
Shruti Rana
In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation. This …
Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee
Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee
Kendra H Fershee
This Article describes the unequal treatment of pregnant students historically in American public school historically and how the regulations implementing Title IX are too weak to ensure that the historical discrimination cease, despite the prohibitions on discriminatory practices. This Article explains the historical reasons for the discrimination, Congress’s attempt to remedy the discrimination through Title IX and its implementing regulations, and the failure of the regulations to meet the regulatory goals of school access, choice, and quality. The Article continues to make concrete suggestions, with specific language recommendations, for changes in the current Title IX regulations with respect to pregnancy. …
Women's Rights: The Possible Impact Of Private Military And Security Companies, Ana Filipa Vrdoljak
Women's Rights: The Possible Impact Of Private Military And Security Companies, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. While international humanitarian law (IHL) has dedicated or ‘special’ provisions for women, feminist legal scholars have done much to exposed the gendered nature of this branch of international law. In recent decades, the United Nations’ campaign of mainstreaming of women’s issues has impacted significantly on relevant human rights law (HR Law), and the International Committee of the Red Cross (ICRC) has actively sought to investigated and address women’s concerns. However, …
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann Mcginley
Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann Mcginley
Ann McGinley
This article analyzes the application of employment discrimination law to sexual minorities – lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws’ treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities.While the article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts’ binary view of sex and gender, a view that identifies men …
Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law And Work-Family Conflict, Julie C. Suk
Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law And Work-Family Conflict, Julie C. Suk
Julie C Suk
The work-family conflict is a significant barrier to women’s equality in the workplace. As many commentators have noted with envy, the United States stands apart from most European countries in its failure to give women a legal right to paid maternity leaves. This Article argues that the United States’ potential for reconciling the work-family conflict is undermined by the predominance of antidiscrimination law in tackling the problem. To expose this American idiosyncrasy, this Article develops a thorough comparative analysis of successful European models for work-family reconciliation. The unique trajectory of U.S. antidiscrimination law has pushed family and medical leave into …
A Comprehensive Blueprint For A Crucial Service: Florida’S New Supervised Visitation Strategy, Nat S. Stern
A Comprehensive Blueprint For A Crucial Service: Florida’S New Supervised Visitation Strategy, Nat S. Stern
Nat S Stern
No abstract provided.
Behavioral Economic Issues In American And Islamic Marriage & Divorce Law, Ryan M. Riegg
Behavioral Economic Issues In American And Islamic Marriage & Divorce Law, Ryan M. Riegg
Ryan M. Riegg
Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin
Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin
Minna J. Kotkin
In today’s law schools, article placement is a significant consideration in hiring, promotion, tenure, and lateral mobility. This article analyzes authorship by gender and home school “privilege” in 15 law reviews (the “top ten”) over a three year period. It compares these data with the gender composition of the professoriate and of the 15 schools’ faculties, using Association of American Law Schools and American Bar Association statistics. The mean percentage of articles authored by one or more women (and no men) is 20.4. Nationally, women comprise 31% of the tenured/tenure-track professoriate and 28.3% at the 15 schools. At the associate …
Discriminatory Acquittal, Tania Tetlow
Discriminatory Acquittal, Tania Tetlow
Tania Tetlow
This Article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modern empirical evidence continues to show a devaluation of black victims; dramatic disparities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of …
Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh Goodmark
Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh Goodmark
Leigh Goodmark
In the 1970s and 80s, feminists led the way in crafting and advocating for policies to address domestic violence in the United States—and those feminists got it wrong. Desperate to find some way to force police to treat assaults against spouses as they would strangers, the battered women’s movement seized on the idea of mandatory arrest—relieving police of discretion and requiring them to make arrests whenever probable cause existed. But mandatory arrest also removed discretion from the women that the policy purported to serve, a trend that has come to characterize domestic violence law and policy. Later policy choices, like …
Barriers To Access: Evaluating The Accessibility Of Judicial Bypasses To Minors In Missouri, Shyamali Choudhury, Barbara Baumgartner
Barriers To Access: Evaluating The Accessibility Of Judicial Bypasses To Minors In Missouri, Shyamali Choudhury, Barbara Baumgartner
Shyamali Choudhury
Abortion regulation law has a relatively short, but complex history. Several Supreme Court cases join together in defining and setting the precedent for a woman’s right to an abortion. Pregnant minors are similarly protected under the law, but have been subject to a special set of regulations, namely state mandates requiring parental consent for an abortion. Parental consent laws for minors seeking abortions have been found unconstitutional without the inclusion of a judicial bypass option. Judicial bypass allows a minor seeking an abortion to replace parental consent with leave of the juvenile court. Although the state of Missouri has a …
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
Adam H Koblenz
Briefly, this article analyzes the inherent conflicts associated with domestic violence in the Jewish community, and the direct confrontation that currently lies between the ancient teachings of traditional Jewish law known as Halakhah and the development of modern American secular law and its impact on the interpretation of religious doctrinal issues under the United States Constitution. By examining the disparate and/or inferior role of women inherent within traditional Jewish law and analyzing its impact on the secular and religious courts’ treatment of Jewish women in the context of Jewish divorce proceedings, this article will demonstrate that battered Jewish women still …
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
Married Against Their Will? Toward A Pluralist Regulation Of Spousal Relationships, Shahar Lifshitz
Shahar lifshitz
This article addresses the regulatory regime governing the relationships between unmarried cohabitants. In the article I challenge the conventional divide between conservative and liberal approaches: on one hand, moral condemnation of non-marital conjugal relationships and public policy in favor of marriage lead conservatives to reject the application of marriage law to cohabitating partners. On the other hand, drawing on principles of freedom, tolerance and equality, liberals tend to equate the mutual legal commitments of cohabitants with those of married partners. I break with conventional analysis by offering a novel liberal model that separates between the mutual obligations of cohabitants and …
“I’M His Coach, Not His Father:” A Title Ix Analysis Of Sexual Harassment In College Sports, Caitlin M. Cullitan
“I’M His Coach, Not His Father:” A Title Ix Analysis Of Sexual Harassment In College Sports, Caitlin M. Cullitan
Caitlin M. Cullitan
ABSTRACT “I’m His Coach, Not His Father.” A Title IX Analysis of Sexual Harassment in College Sports Caitlin M. Cullitan
Studies have estimated that, while male athletes constitute only a small percentage of the college community, they are responsible for nearly one-third of the sexual abuse crimes. Recent case law demonstrates that college coaches sometimes actively recruit potential student athletes who have been charged with sexual misconduct. Once these student-athletes are admitted, these coaches may fail to inform the student-athletes of the institution’s sexual harassment policies and fail to respond appropriately when new claims of sexual misconduct are made against …
The Potential Legacy Of The Roberts Court: Gonzales V. Carhart And The Birth Of A New Understanding Of Judicial Activism, Elly Laff
Elly Laff
This article looks at the way Presidents from Reagan to G..W. Bush have used their power of appointment to seat Justices on the US Supreme Court who will carry forward the goals of the administration, in particular, overruling Roe v. Wade. This article looks specifically at the most recent US Supreme Court case dealing with abortion, Gonzales v. Carhart, and discusses the history of the presidential appointments of the five Justices who were in the majority of that decision. The article tries to clarify the conventional wisdom that an activist court is defined as one that tries to adjudicate change …
The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja
The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja
Urska Velikonja
The United States, unlike most developed countries, does not regulate its fertility industry. Rather, it has vested control over the industry to professional organizations and to market forces. While lack of regulation has produced a vibrant market for ART services, it has also produced an undesirable consequence: a high rate of multiple gestation pregnancies. In this article I summarize the data on the medical, psychological, and financial costs associated with multiple pregnancies to the parents, the children, and the American society. I suggest that the current U.S. regulatory regime has not only failed to address these costs as they surfaced, …
Addressing The Tension Of Laws In Legal Pluralism: Women’S Rights In Africa, Rebecca Farrar
Addressing The Tension Of Laws In Legal Pluralism: Women’S Rights In Africa, Rebecca Farrar
Rebecca Farrar
Abstract for Article: Addressing the Tension of Laws in Legal Pluralism: Women’s Rights in Africa By Rebecca Farrar
This Article explores the tensions of law apparent in conflicting approaches to women’s rights in African customary tribal law, constitutional law, and international human rights laws. This Article suggests that effecting changes to improve women’s rights in Africa requires a multi-faceted approach that includes legal reforms as well as grass-roots activism. This Article also applies key principles of organizational behavior theory, including Kurt Lewin’s three stage analysis and force field analysis, to analyze prescriptive approaches that could be utilized in improving African …
Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden
Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden
Patrick F. Madden
No abstract provided.
Rape, Feminism, And The War On Crime, Aya Gruber
Rape, Feminism, And The War On Crime, Aya Gruber
Aya Gruber
Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …
Mujeres En El Cruce: Remapping Border Security Through Migrant Mobility, Anna O. Oleary
Mujeres En El Cruce: Remapping Border Security Through Migrant Mobility, Anna O. Oleary
Anna Ochoa OLeary
In this article I discuss some of the findings of my study of the encounter between female migrants and immigration enforcement authorities along the U.S.-Mexico border. An objective of the research was to ascertain a more accurate picture of women temporarily suspended in the “intersection” of diametrically opposed processes, immigration enforcement and transnational mobility. Of the many issues that have emerged from this research, family separation is most palpable. This suggests a deeply entrenched economic relationship between family separation and measures to better secure the U.S.-Mexico border. Indeed, women’s accounts of crossing into the U.S. without authorization, as one of …
Cutting Funding For Oral Contraceptives: Violation Of Equal Protection Rights And The Disparate Impact On Women's Healthcare, Rachel V. Rose
Cutting Funding For Oral Contraceptives: Violation Of Equal Protection Rights And The Disparate Impact On Women's Healthcare, Rachel V. Rose
rachel v rose
Cutting funding for oral contraceptives has far reaching implications for women, which include adverse impacts on women’s health, negative economic impacts on society, and constitutional violations. In a country whose governmental health plans (Medicare and Medicaid) reimburse men’s costs for Viagra® , it is hardly appropriate to deny women access to prescribed oral contraceptives that have traditionally been defined as supplementary services falling under the umbrella of primary care. Because of the wording of a provision, some contend that non-profit clinics and campus health centers can no longer offer oral contraceptives at reduced rates. This article will show how decreasing …
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
Linda L. Berger
We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …
Drawing The Line: Slippery Slopes, Sex Panics, And Polyamorous Marriages, Gretchen A. Myers
Drawing The Line: Slippery Slopes, Sex Panics, And Polyamorous Marriages, Gretchen A. Myers
Gretchen A Myers
This Note uses the unique example of polyamorous relationships to argue that the state should reject the number, sexual, and gender requirements in marriage and instead should regulate intimate relationships only to support caretaking families, in whatever forms those families happen to take. It suggests that marriage law historically has been and continues to be used as a tool for policing the boundaries of “proper” sexuality. Relationships outside of the “proper” boundaries—interracial relationships, same-sex relationships, nonmonogamous relationships—have been unfairly sexualized and labeled as deviant even though they actually provide caretaking and stability.
Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg
Clitoridectomy And The Economics Of Islamic Marriage And Divorce Law - Ryan M Riegg - 2009, Ryan M. Riegg
Ryan M. Riegg
No abstract provided.
Onslaught: Commercial Speech And Gender Inequality, Tamara R. Piety
Onslaught: Commercial Speech And Gender Inequality, Tamara R. Piety
Tamara R. Piety
Utilizing Dove's infamous "Onslaught" viral ad, this Article explores the ways in which commercial speech constructs images of and attitudes toward women that interfere with full equality for women. Advertising and marketing contribute to creating a social reality in which it is taken for granted that women must spend a great deal of time on appearance and that appearance is of critical importance to life success. As is typical for much advertising, it does this by stimulating anxiety. Such anxiety contributes to low self- esteem, lowered ambitions and stereotype threat reactions, as well as to biased reactions on the part …
Why So Slow: A Comparative View Of Women's Political Leadership, Paula Monopoli
Why So Slow: A Comparative View Of Women's Political Leadership, Paula Monopoli
Paula A Monopoli
No abstract provided.